Retirement Act ruled unconstitutional

June 18, 2009

Illinois: The Illinois Supreme Court issued a ruling on June 18, 2009 that the Compulsory Retirement of Judges Act is unconstitutional.

Judge William Maddux and five voters in the Cook County judicial district brought the case to the Circuit Court, seeking a declaration of unconstitutionality for limiting the terms of judges based on age. The Cook County Circuit Court dismissed the case, whereupon it was appealed to the Supreme Court, which overturned the Circuit Court decision. Maddux is currently the presiding judge of the Cook County circuit court. He was first appointed a circuit judge in 1991 and has subsequently been re-elected several times. His current term expires in 2010. Judge Maddux will be 75 years old by the date his term expires and would, at that time, have been subject to the Retirement Act’s provisions, had they been upheld.